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Last Updated: on March 11, 2024
1. Acceptance of Terms and Conditions.
THESE TERMS OF USE (THIS “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU”, “YOUR” or “USER”) AND BLIX BICYCLE INC. (“BLIX”, “WE”, “US”, OR “COMPANY”), THE OWNER AND OPERATOR OF THE COMPANY’S WEBSITE AND THE BLIX MOBILE APP (COLLECTIVELY, THE “PLATFORM”). THIS AGREEMENT STATES THE TERMS OF USE THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING AND USING THE PLATFORM, YOU ARE INDICATING THAT YOU ACCEPT AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED, AND YOU MUST NOT, ACCESS OR USE THIS PLATFORM. YOUR USE OF THIS PLATFORM AND ANY SERVICES AND MATERIAL PROVIDED ON OR THROUGH THIS PLATFORM IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. Eligibility.
You must be at least eighteen (18) years old to use the Platform. You represent and warrant to Us that Your registration and use of the Platform is in compliance with any and all applicable laws and regulations, and You will not use the Platform for any illegal purposes. You may not use or engage with the Platform if you are under thirteen (13) years of age. If You use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18), You must have your parent’s or legal guardian’s permission to do so.
3. Account and Registration.
To access certain features, services or material available through this Platform, You must register for an account which will require You to provide, among other things, Your name, phone number, address and email address and for You to create a unique username and password. When creating this account, You represent and warrant that all registration information is complete, true and accurate in all respects and that You will maintain and promptly update such information to keep it complete, true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide. You are strictly prohibited from providing a phone number that is not Your own. We reserve the right to block, remove, or otherwise delete any user that provides false, inaccurate and/or incomplete information. You shall protect and maintain the confidentiality of Your password and are solely and fully responsible for all activities that occur under Your account, even if not authorized by You. You agree to not let anyone else access Your account and to notify Us immediately of any unauthorized use of Your account or any other breach of security.
You may cancel Your account at any time by contacting and requesting termination from support@blixbike.com. You agree that Your account is not terminated unless and until You have received email verification from the Company confirming the termination of Your account. We may terminate or suspend Your account without notice or liability if You violate any provisions set forth in this Agreement or if any information You provide is incomplete, untrue or not accurate.
4. Platform.
The Platform consists of an e-commerce website and mobile application which enables Users to purchase and use electric bicycles and accessories. The Platform also enables users to browse the Company’s products, leave reviews, access to the Company’s social media platforms, and access to Third-Party Platforms. See Section 10 regarding accessing third-party platforms.
5. Billing and Payment.
You, as Users of the Platform, contract with Blix when purchasing products. Payments are made with a valid credit card, debit card, or bank account information. Payments may be paid through a Payment Processor, such as Klarna, Shop Pay, or Amazon Pay. You will receive a payment confirmation upon completion of the payment.
The Company reserves the right (but not the obligation) in its sole discretion, or upon notice of any potential fraud, unauthorized charges or other misuse of the Platform, to (i) place on hold any payment, or (ii) provide a refund.
6. Shipping.
We currently ship only within the United States of America. Products are shipped with FedEx, UPS, or USPS, which does not ship to PO BOXES or APO. A signature may be required when shipping a bike to the shipping address listed.
Shipping is free on all bikes within the lower 48 states. All items ship from our warehouse in California and usually takes 3-7 business days in transit.
Blix will ship orders to the address you provide when placing the order. Blix is not responsible for any cost related to assembly or other costs for work done by a bike shop or any other party. If you want to ship your order to a bike shop or a location other than your own address, you are responsible for arranging delivery and assembly. Blix is not responsible for any lost, stolen, or damaged items due to any parcel service fault.
No Responsibility for Loss, Theft, or Damage. Please note we are not responsible for any lost, stolen, or damaged items arising from delivery from shipping carriers.
Address Changes. We do not change addresses on any order. If you have made a mistake the order will need to be canceled, refused or return to sender.
Refused Shipments/ Return to Sender – Flat Fee. If you refuse delivery of an order that you asked us to ship to you, or if you put the wrong address in when placing the order and did not request an address update before the order shipped, we reserve the right to charge a flat fee of $250 per ebike to partially cover the shipping costs. We cannot change, intercept, or cancel orders that have already shipped. If you refuse delivery, we will treat your order as a return if it arrives back to our warehouse and issue a refund for the purchase price via your original payment method, less the total flat fee amount. Please note, in order to receive a refund timely, you must notify Blix of any shipment refusal.
7. Order Changes; Returns; Refunds and Exchanges
7.1 Order Changes
We can only make changes to orders that have not yet been shipped, we recommend calling us for immediate confirmation to ensure the change has been made before the order is shipped. To make a change we need to cancel and refund your order, and a new order has to be placed. Just give us a call at (855) 655-2549 to make any changes.
7.2 Returns
Electric Bikes ("Ebikes"):
You can return your bike for a replacement or a refund within 30 days after shipment date. There is no restocking fee, but a return shipping fee of $150 will apply. The bicycle must be in new condition, meaning unused and free from any scratches or damages. Your order must be returned in original packaging. Customer is responsible for any damages that occur during return shipping. If any parts of the bike need to be replaced, the part itself, and not the bike, will be replaced.
Parts & Accessories:
Parts and accessories may be returned within 30 days after purchase if in new condition, meaning unused and free from any scratches or dirt. A restocking fee of 25% will apply. Customer is responsible for arranging any shipping needed and related shipping costs.
Return Process
Before a return can be made, it needs to be approved and confirmed by Blix in writing. You can contact us by email at support@blixbike.com.
For Ebikes, Blix will send a return label; for accessories, the customer is responsible for arranging the shipment. Once the item(s) has been sent back to Blix, our Blix team will inspect the item(s). Once the item(s) have passed inspection, the return will be processed, minus the applicable fees. If the item(s) does not pass inspection, it is the customer’s responsibility to send Blix a return label to retrieve their goods. Items not retrieved within 60 days of informing the customer about the failed inspection will be considered abandoned goods.
7.3 Refunds and Exchanges
After inspection of the returned item, Blix will notify you if the return has been approved or provide reasons if it has been rejected. The account you used during the purchase of your order will be refunded within 5-7 business days after the return has been approved.
Non-Refundable Items:
8. SMS/MMS Mobile Messaging Marketing
By accessing the Platform, you have the option to participate in the Company’s mobile messaging program (the “Mobile Messaging Program”). By accessing the Platform and opting-in to the Mobile Messaging Program, you agree that the Mobile Messaging Program is subject to this Agreement and the Company’s Privacy Policy.
User Opt-in: The Mobile Messaging Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By participating in the Mobile Messaging Program, You agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with Your opt-in, and You understand that consent is not required to purchase our products. Your consent to receive messages sent using an autodialer shall not be interpreted to suggest or imply that any or all of Blix’s mobile messages are sent using an automatic telephone dialing system. Blix may use a third-party servicer provider, including but not limited to Stodge Inc. d/b/a Postscript to transmit messages. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Message and data rates may apply. Message frequency varies.
User Opt-out: If you do not wish to continue participating in the Mobile Messaging Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Blix and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out and will not constitute an opt-out.
Without limiting the scope of the Mobile Messaging Program, users that opt-in to the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of the Company’s products. Messages may include checkout reminders. Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. For support regarding the Program, text “HELP” to the number you received messages from or email us at support@blixbike.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. The Mobile Messaging Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. You agree that we may determine that You are a Florida resident if, at the time of opt-in to Program, (1) your shipping address as provided is located in Florida, or (2) the area code for the phone number used to opt-into the Mobile Messaging Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to You, and You shall not assert that You are a Florida resident, if You do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that You are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, You agree that mobile messages sent by us in direct response to mobile messages or requests from You (including but not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
9. Personal Information/Privacy Policy
You agree to provide accurate, current and complete information when and as required for accessing and/or using this Platform. The Company’s Privacy Policy explains how Your personally identifiable information is collected, used and disclosed. By using the Platform, You agree to be bound by the terms of Company’s Privacy Policy which can be found at the following link https://www.blixbike.com/pages/privacy. We respect Your privacy and will use information provided by You only in accordance with this Agreement and the Privacy Policy.
10. Content; Use of Platform; Restrictions on Use; and User Content.
10.1. Content
All information, content, text, words, images, logos, graphics, interfaces, icons, audio, video sounds, data compilations, software, downloads, and other material or content displayed on or made available through the Platform (collectively, “Content”), excluding User Content which Users hereby grant Us a license to use as set forth in Section 10.4, is the property of the Company and protected by United States and international copyright and other laws.
10.2. License and Use of Platform
Subject to Your compliance with this Agreement, the Company hereby grants You a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and make personal noncommercial use the Platform and the Content. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If You breach any term of this Agreement, Your authorization to use the Platform and Content automatically terminates without notice to You. All rights not expressly granted to You in this Agreement are reserved and retained by the Company.
10.3. Restrictions on Use
You hereby represent and warrant that You will not, and will not induce or encourage any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Platform or otherwise attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform, or to any server of Company or its third-party service providers, by hacking, password “mining,” or any other illegal or unlawful means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Platform or any Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Platform or with any other person’s use of the Platform; (d) track or seek to trace any information on any other person who visits the Platform; use the Platform or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; (e) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Platform or any Content or that is otherwise applicable to the Platform or any Content; (f) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the Company’s proprietary information or any materials delivered to You by Company; or (g) reproduce, distribute, display, modify or make derivative uses of the Company’s proprietary information or the Content, or any portion thereof (except for any Content for which You have been given written permission), except as expressly provided herein.
10.4 User Content
The Platform may offer You the opportunity to post and/or submit profile information, postings, videos, photos, reviews, comments, ratings, and other content on the Platform (collectively the “User Content”). By submitting User Content, You grant to Company an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Content throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that Company is free to use any ideas, concepts, or know-how that You or individuals acting on Your behalf provide to Company without any monetary or other obligation to You. To the maximum extent permitted by law, You waive any and all “moral rights” You may have in User Content.
You agree not to post on or transmit to the Platform or otherwise provide to the Company any User Content or other material that:
You are solely responsible for Your User Content and You agree to defend, indemnify and hold harmless Company and its owners, shareholders, officers, directors, employees, contractors, representatives, agents, successors and assigns from and against any losses, expenses, liabilities, claims, costs and damages (“Claims”) arising from Your User Content, including but not limited to, any Claim(s) arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Content may be published, and that Company has no obligation to keep such User Content confidential. You further agree that any User Content You provide does not contain any confidential, proprietary or trade secret information of any third-party. We have no obligation to store, keep copies or return any User Content.
We reserve the right to take any action with respect to User Content that We deem necessary or appropriate in our sole discretion if We believe any User Content violates this Agreement, is inappropriate on the Platform, may create liability for Company, or may cause Company to lose (in whole or in part) the services of its internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User Content, either with or without notice to You.
11. Intellectual Property.
You hereby acknowledge and agree that the Company or its licensors own, control or possess all legal right, title and interest in and to the Platform and all Content (except as otherwise stated herein regarding User Content), including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and/or proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Your use of the Platform and access to the Content does not grant or otherwise confer to You ownership of any kind in the Platform or any Content that You may access on or through this Platform. Unauthorized use is strictly prohibited.
12. Reliance on Information Posted.
The information contained on the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other Users to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by Users or other third-parties. All statements and/or opinions expressed in or by such content, including all posts and responses to questions or requests and other material, other than the Content provided by the Company, are solely the opinions and the responsibility of the party providing such content or material. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third-party, for the content or accuracy of any materials provided by any third parties.
13. Third-Party Platforms.
The Platform may provide links to third-party websites or mobile apps that are not owned or controlled by Company (the “Third-Party Platforms”), including but not limited to Strava, Twitter, Facebook, YouTube, Instagram, Klarna, Shop Pay, Amazon Pay, or Stodge Inc. d/b/a Postscript. We provide such links solely as a convenience to You or for payment for any services and products. We do not review, approve, endorse or make any representations about such Third-Party Platforms, the companies or persons who own and/or operate them, or any information, content, software or other products and services made available through such Third-Party Platforms, or any results that may be obtained from using them. If You decide to access any such Third-Party Platforms linked to the Platform, You are solely responsible for Your activities conducted in connection with such Third-Party Platforms. Your use of Third-Party Platforms is subject to the terms of use and privacy policies located on the Third-Party Platforms which may be different from this Agreement or our Privacy Policy and, therefore, We recommend that You review such Third-Party Platform privacy policies. Your interactions with other users of the Third-Party Platforms are solely between You and the other users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party's use or disclosure of personally identifiable information supplied to such third party by You. You further acknowledge and agree that We are not responsible if any third-party website or company removes Content, reviews, or information from the Internet.
14. Disclaimer of Warranties; Limitation of Liability; Limited Exception to Warranty Regarding Product Repair or Replacement; Indemnification.
14.1. Disclaimer of Warranties
The Company cannot and does not represent or warrant that the Platform, its server or any service will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet Your requirements. The Platform will occasionally experience outages, during which You and other users will not be able to login, view or operate our Platform. We do not represent or warrant that the Platform and all Content is free of viruses or other harmful components and expressly disclaim and shall not be liable for damages of any kind arising from the use or unavailability of the Platform, including any viruses or other harmful components or content that may reside on or emanate from the Platform or Your use or access of the Platform.
THE PLATFORM, CONTENT, MATERIAL, PRODUCTS AND SERVICES ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. THE COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS, MANUFACTURERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “COMPANY RELEASED PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CONTENT, MATERIAL, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CONTENT, MATERIAL, PRODUCTS OR SERVICES WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE PLATFORM, CONTENT, MATERIAL, PRODUCTS OR SERVICES IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE PLATFORM, CONTENT, MATERIAL, PRODUCTS AND/OR SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM, CONTENT, MATERIAL, PRODUCTS OR SERVICES.
14.2. Limitation of Liability; Release.
IN NO EVENT SHALL ANY COMPANY RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR CONTENT OR LOSS OF THE USE OF THE PRODUCTS OR CONTENT, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A COMPANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL COMPANY RELEASED PARTIES BE LIABLE FOR ANY MISTAKES, CONSUMER ALERTS, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY IN ANY CONTENT, NOR SHALL COMPANY RELEASED PARTIES BE LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR ANY OTHER INFORMATION OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, WHETHER OR NOT PART OF THE PLATFORM.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY COMPANY RELEASED PARTIES’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH COMPANY RELEASED PARTIES’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
14.3. Limited Exception to Warranty Regarding Product Repair or Replacement
To activate the limited warranty of your Ebike, register your purchased Ebike here.
All Blix Ebikes are covered under a one (1) year limited warranty. This includes frame, components, parts, and accessories. This limited warranty does not apply to normal wear and tear, improper maintenance, negligence, misuse, improper assembly, damage due to an accident, abuse, improper follow-up maintenance, installation of third-party components, parts, accessories, or any products that have been modified from the original manufacturer’s specifications. This limited warranty applies only to the first end-user purchase of the product.
Blix accessories are covered under one (1) year limited warranty. This limited warranty does not apply to normal wear and tear, improper maintenance, negligence, misuse, improper assembly, damage due to an accident or abuse.
The sole remedy relating to a customer’s request to repair or replace of a Blix ebike is exclusively limited to repair or replacement of defective parts, components, or accessories of those with equal or greater value at the sole discretion of Blix. Customers must submit their request to repair or replace in writing, and Blix may or may not approve at its sole discretion. If approved, the first end-user purchaser of the product is solely responsible for all costs and risk of loss associated with the delivery of the product to be repaired or replaced, and Blix is responsible for all costs and risk of loss associated with the return delivery of repaired or replaced products.
Blix may or may not approve, in its sole discretion, repair services to be carried out by a third-party if requested by the customer, and a repair by a third-party must be confirmed and approved by Blix in writing prior to any third-party repair services being rendered. If approved, any costs associated with third-party repair services will be the customer's sole responsibility to cover.
For Ebikes purchased on or before July 1, 2019, this Section 14.3 applies subject to the following modifications: Limited warranty length is three (3) years with respect only to the frame and rigid front forks, excluding suspension forks, two (2) years with respect only to the motor, battery, display, controller panel, and one (1) year with respect only to the paint finish and decals, suspension forks, all other electrical components and parts, and all accessories, including chargers.
14.4. Indemnification
You hereby agree to defend, indemnify, and hold the Company Released Parties (as defined above) harmless from and against any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from:
15. Termination.
If You fail to strictly comply with this Agreement, the Company reserves the right, in its sole discretion, without any notice or liability to You, to (a) terminate Your license to use the Platform and access Content; (b) block or prevent Your future access to and use of all or any portion of the Platform and any Content; and (c) change, suspend or discontinue any aspect of the Platform, the Content or Your user account. In addition, Your license shall terminate immediately, without notice, if You fail to strictly comply with this Agreement. Upon any termination of Your license, You will discontinue use of the Platform and any Content and the Company’s proprietary information and, if applicable, delete all copies of the Company’s proprietary information from Your browser, web servers, servers and any other location where Company’s proprietary information has been saved. Upon termination of Your license, You will no longer have access to the Platform or any of the Content contained thereon.
16. Geographic Restrictions
The Company, as the owner of the Platform, is based in the United States. We provide the Platform for use only by persons located in the United States. We make no claims or representations that the Platform or any of its Content is accessible or compliant outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
17. Choice of Law; Dispute Resolution; Class Action Waiver.
17.1. Choice of Law
The validity, interpretation, and performance of this Agreement shall be controlled by and construed in accordance with the laws of the State of California without regards to its conflicts of laws principles.
17.2. Dispute Resolution/Acknowledgment of, and Agreement to, Arbitration
Disputes between You and the Company are subject to this Section 17. To help facilitate expedient and cost-effective dispute resolution, you and the Company agree to first attempt to negotiate any Dispute informally and in good faith for at least 30 business days from your written notice of the Dispute before initiating arbitration as stated herein.
Except as prohibited by law, any dispute, controversy, or claim regarding the enforcement or interpretation of this Agreement, Your use of the Platform, Your purchase and use of the Company’s products, or Your relationship with the Company (Each a “Dispute”), will be resolved through binding arbitration under the Comprehensive Arbitration Rules and Procedures of JAMS or pursuant to the JAMS Streamlined Arbitration Rules and Procedures in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of the parties to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY COURT OR JAMS TRIBUNAL IN SANTA CLARA COUNTY TO RESOLVE ANY DISPUTE OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT.
17.3. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor the Company has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
18. General Provisions.
18.1. Authority
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation.
18.2. Amendment; Modification
The Company may add to, change or remove any part of the Platform, including, without limitation, any Content, at any time without prior notice to You. We also reserve the right to modify or otherwise amend this Agreement at any time. When We make changes to the Agreement, We will revise the “Last Updated” date at the top of the Agreement and We will notify You of the changes by prominently posting a notice of such changes on the Platform and/or by sending You an email. We encourage You to review this Agreement whenever You visit the Platform. By continuing to access and use the Platform after any such changes have been posted, You are indicating Your acceptance of such changes, even if You have not reviewed the changes.
18.3. Electronic Communications
Whenever You visit our Platform or send emails to the Company, You are communicating with Company electronically. For that reason, You also consent to receive communications from the Company electronically. We will communicate with You by email (if You have provided Your email address to Company), by posting notices on our Platform or by such other means as We may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
18.4. Waiver
The Company’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall not operate as a waiver or estoppel of any right, remedy or condition.
18.5. Severability
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
18.6. Entire Agreement
This Agreement, as may be amended from time to time, and any other terms or privacy policies referenced herein, is the entire agreement between You and the Company and supersedes any prior agreement or understanding regarding anything connected to that subject matter.
18.7. Assignment
You may not assign or otherwise transfer Your rights, or delegate Your performance, under this Agreement to a third-party without Company’s prior written consent. Any unauthorized transfer shall be void. Company may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.
18.8. Comments and Concerns
The Platform is operated by the Company. Any feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@blixbike.com
